What is the difference between a trademark and a brand?

What is the difference between a trademark and a brand? A couple of weeks ago, by coincidence, I was comparing two articles translated into Farsi from the same source, in the field of branding.In one of them, the word "trademark" was used, and in the other, the word "brand" was.I thought to myself, what is the difference between these two words! Not in the literal sense and the translation, which both express the same meaning as dictionaries and experts, but both do not convey the same concept.To start, let's once again review the concept of "trademark or brand" according to the famous faces of branding and marketing:. American Marketing Association:A brand is a 'name, term, sign, symbol, or design, or a combination of them intended to identify the goods and services of one seller or group of sellers and to differentiate them from those of the competition.. Seth Godin:“A brand is the set of expectations, memories, stories and relationships that, taken together, account for a consumer's decision to choose one product or service over another.”. Philip Kotler:"name, term, sign symbol (or a combination of these) that identifies the maker or seller of the product".. David Egilvy:The intangible sum of a product's attributes: its name, packaging, and price, its history, its reputation, and the way it's advertised.". Al Ries:A brand is a singular idea or concept that you won inside the mind of a prospect.. Ashley Friedolin:A brand is the sum total of how someone perceives a particular organization. Branding is about shaping that perception.And many, many similar thoughts, each have tried to define the brand in a way that you will find with a simple search.Two important points are almost common in all definitions and introduce the basis of the brand:1. distinction (difference)2. The image that the customer has in mindAnd the third point that can be emphasized to complete the definitions:3. Communication and loyaltyWhen market attitudes changed the communication and loyalty concept was mentioned. The product and producer were the basis of the market and the economy through the centuries, but today it is the customer who is the basis of the market.Because of a few basic historical changes like a huge increase in production (in general), media, and the press and increasing the standard of living and welfare of society.It seems that the order of branding is simple. First, you make a different product or service, then create the right image and identity, and at last, make your customers loyal with communication.I think there is an important point that makes a difference between BRAND & TRADEMARK.I think we can use the word "trademark" for a business that has successfully passed the first and second phases, and we can use the word "brand" for a business that has been able to gain the loyalty of customers and be one step ahead of the rest of similar businesses and markets.At the same time, brand Vs. trademark is described as follows in some other sources:. A brand is what the manufacturer uses to name his product. The trademark is a name that is famous for its high-quality products and service and relationship with the audience.The opposite of this explanation is correct, in my opinion.Let's talk about some examples:1. When you enter a local supermarket to buy daily groceries, you remember many names of companies and their products and know their differentiation (in terms of business and name, not necessarily quality).Such as Borden Dairy L, A2, Fairlife, Alta Dena, Darigold, Shamrock Farms, Organic Valley, Stonyfield Organic, Wegmans, HP Hood, etc.At this point, none are brands, they're trademarks.It becomes a brand for you and you take the "milk bottle" (A2 for example) from the shelf without any doubt (even if the quality and the price of the other product are better), it means that you know the brand and are loyal to it. This is what happens when a trademark (for example, A2) becomes a brand.2. You know almost all the brands in the mobile market, Huawei, Apple, Samsung, Sony, LG, MI, etc.But when you need to buy a new smartphone, you go to the Samsung shops without hesitation to buy, even if the latest iPhone has an advantage in quality or function.Because in your mind, Samsung is a brand and you are loyal to it.That's the opposite situation when my cousin (for example) wants to buy his new smartphone device because his desires and loyalty drive him to iPhone shops.Let's expand the discussion a bit to understand why this happens and what to do.It is called the "age of the customer" in marketing segmentation. The customer is the king, the lord and he/she has the power of choice.There is huge competition between many businesses and producers, and markets are full of choices. Markets are exploding in many fields and subjects due to the very large volume of production of products and services.Now it is the customer who has the right and power to choose and can choose what he/she wants from among hundreds of similar items.Then it is your duty and obligation to provide the best quality and services to make a difference in the market. Quality is the only solution to make you the flagship of the market.You won't be in the game at all If you skimp on quality. No matter how much you maneuver on low prices, discounts, delivery, or other side features.When you touch on the first principle (quality) then you can talk about branding. Your quality must be as good as other competitors or higher than the average of the market.To be a famous soccer player, you must first be able to play right. Then improve yourself to be a very good player.Then you were picked up by a club and played in a team. So it means you are in the market and surrounded by other competitors.If you make a difference in the games and play as a Star, clubs try to hire you and that's the time you make a trademark. You are an important gamer in the market.At the higher level, there are a few superstars and a few game changers who became a Brand in their market. They influence his fans. For example, if "Neymar Jr" appears in the next game in the Champions League with a new haircut in scarlet red color, so many people will try to imitate that. "Neymar Jr" is a brand while the others are trademarks.you can create differentiation in the market to add your high-quality product or service features, such as easy payment methods, easy access points, delivery, warranty, after-sales service, etc. Then promote to the target community with communication and advertising.At this stage, the customer considers you, like other competitors as a member of the market. A member of the market of food, ice cream, household appliances, carpets, smartphones, and…This is where your effort to transform a "trademark" into a "brand" begins. It is necessary to go through the steps called branding to transform from a trademark to a brand.A continuous, creative process based on identity and a unique tone based on the business philosophy and relying on communication with the customer (target audience).In short words, branding includes some steps:. Determine your target audience.. Set up your mission statement.. Define your values, attributes, and benefits.. Create a visual brand identity.. Find your brand tone of voice.. Communicate with your audience, constantly evaluate your brand strategy and modify or change if necessary.In the following, we will try to explain these things very briefly.Step 1. Determine your target audience.Let's take a step back and understand where the source of everything in business is: the customer!And not every customer! Your target customer (who pays to have a personal experience, not just a product)But how can you deliver that experience if you don't have a clear picture of your surroundings?This is the point where "market research" and "buyer persona" (also market and industry knowledge) comes in.Complete and Intelligent "research," tells you who you are talking to. The research made your answers to very important questions as like as "Who does your product serve? Who is your ideal customer?"Step 2. Set up your mission statement.Why did you create your business? (except for making money, of course)Answering that will help you create your mission statement. This statement defines your purpose, vision, and passion as an organization.First of all, you need to be able to show what your business has to offer.Then, every part of your brand (identity, philosophy, logo, slogan, images, voice, personality, etc.) can reflect that mission and vision.Step 3. Define your unique values, qualities, and benefits.There are probably many names in your industry at your level, but you have an advantage over them that you are trying to become a brand.Q: What does your business have that no one can imitate?A: Your brand (your uniqueness)Make sure your brand is built and inspired by elements that are only yours: the values, benefits, and attributes that make your company unique.We're not just talking about product features (such as package, looks, components, or functionality).It's about how your products or services create new experiences, improve lives, make work easier, and help people succeed.Step 4. Create your visual identity.You need to take the information you gathered (about the market situation, target audience, competitors, etc), your mission statement, and the unique characteristics (that make up your business) and put them into action.It is by using them that the visual identity (and of course the tone and voice of the brand) is created, such as the logo, color palette, font, etc.As you create these elements, create a set of brand guidelines (brandbooks) to govern the composition and use of your visual assets.A brand book helps you to align all the images, ads, content, packaging, etc in line with the visual identity and of course in line with the brand identity and philosophy.Step 5. Find your brand tone of voice.What language, tone and voice does your brand speak؟It's not only about the voice of the narrator of the brand's social media the video of course, but also about the whole of what the brand is saying, such as the caption of the Instagram post, the tweet, the writing on the label on the product packaging, the New Year message, the description of the contact page on the website, etc.Do you know about your brand's personality? (excitement, sincerity, ruggedness, competence, and sophistication)Is your brand (and visual identity and tone of voice) a complete match to your customer persona?Wow, yes. Branding needs hard work!How you communicate with your target market is a very important part of branding. You want to define a brand voice that connects with your audience and stays in their minds. If you don't have the right tone, they probably won't pay attention.Everything broadcast from the brand to the audience must be in line with the brand's strategy and in accordance with the brand's culture and identity.And one more thing, be amused. Don't be grumpy or too serious (regarding brand identity), create fun content and your customers will look forward to your emails and social media posts.Step 6. Use the brand.Your branding only works if you use it in real situations. (So-called engineers, take it under load)Once your brand is ready and your strategy and marketing or branding plans are set, blend it into every inch of your business.Perhaps the most important area that needs to be constantly reviewed is the brand's presence at the touch point with the customers.You have to identify touchpoints and optimize them in line with branding.Depending on the business, your contact points may be various and different. website, social networks, visitors, chain stores, retail stores, international exhibitions, etc.It's important to be under surveillance and in line with the brand's goals.Even the smallest elements must be in line with the brand's target and according to the business strategy.For example, imagine you are a supermarket manager or in charge of dealing with companies.You meet two salesmen of two manufacturers and the same products, milk bottle in this example.One of the salesmen was sloppy and without any discipline and characteristics only with a scribbled price list and a piece of puree or a tablet, and the other with a uniform, name tag, ID card, practical materials and Product brochures, product samples, the possibility of payment according to organizational tables and...Which one do you prefer to work with?For example, your website, Instagram page, a presence in international exhibitions, a delivery guy, customer service staff, etc all must be following the brand identity and the details of the brand instructions.Do you know that the packaging of your product is as important as the product itself? Have you looked at product packaging from a branding perspective? Have you ever examined the packaging of the iPhone from the viewpoint of matching the identity with the product?. Before and after-salesIf each and every person in the business does not believe in the brand and brand culture, the customers will not believe it either.Customers need to see that Steve Jobs and the people after him all believed in Apple's philosophy and put it into practice.Educate your sales and customer service staff on brand guidelines and behave in such a way that they gain a deep understanding and belief in the brand so that they can apply it. Especially when they deal with customers directly.A brand is a living creatureOne of the best ways to better understand the brand and branding processes is to imagine the brand as a living entity that has birth, maintenance, growth, education, maturity, etc.Your brand must have a unique identity (who it is), a character (how it behaves), and attitudes (how it is remembered).Ask yourself these questions about your brand:. How does the brand introduce itself?. If it had to describe itself, how would be?. How does the brand talk about its products or services? Will it be sullen, professional or informative, or humorous and exciting?. What do people say about your brand after they first encounter it? How many sentences and what phrases do they use to describe it?. Why people must be loyal to the brand? What does the brand give to customers now and then?The answers help you to have a better vision and give you solid information on how to create advertising and content.A few practical tips. Stability. Believing in the brand strategy, maintaining continuity while fixing errors and bugs along the way.. Implementation of brand strategy in real conditions. Do not cheat. Do not use unfair conditions. Let's brand keep its head above the water itself.. Creativity, not imitation. Pay attention to what competitors and others in the market are doing and get inspired, but don't imitate. The worst thing about branding is imitation. You must be unique in everything.. Hire professionals with brand help. Cultivate your brand organizational culture in such a way that professionals are proud to work for you.There is no "failed brand"Let's go back to the first discussion of "trademark" and "brand".We said before that if your business reaches the stage of differentiation, you will have a successful trademark. And if it touched the customer's heart and mind, then congratulations, now you have a brand.I believe there are no terms for a failed brand. You either have a brand or you don't. You may succeed or fail. If you fail, you will be removed from the circle of brands and become a trademark.Much has been said about brand continuity, and it seems that the key to maintaining a brand is maintaining quality customer relationships.. You should always consider the target community and the customer clearly, so proper and scientific market research should always be on the business agenda.People, competitors, industries, markets, companies, etc. Change day by day and you need to monitor them day by day; So don't think that one research is enough to know. Always and always be researching, gathering information, reviewing, and getting conclusions.. Send the right message at the right time through the right medium. People don't always expect discounts, they need very good and entertaining content. The message should be high quality and entertaining. (entertaining does not mean only jokes and funny videos and cartoons)Another question, when and through what media should brand messages be sent?If you have done your research properly, you will know the answer.When did your target audience give the most feedback to an email newsletter or an Instagram post?!. And again, Be creative, not imitative. The line between imitating competitors, and being inspired by creativity is very fine.The fact that your competitor has used some media or some message does not necessarily mean that you will also use it. Be ruthless and think logically in this matter and know that "differentiation" in the market means everything. And differentiation can only be achieved through creativity, not imitation.In today's highly competitive market, stand out among thousands of messages every hour, get to know your audience, and connect with them by sending them unique, high-quality, and entertaining messages.This is the key to becoming a BRAND.